"Or if he says, 'I will divorce her when tomorrow comes,' or if he sets a specific duration, the entire marriage is invalid."
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The Shaykh : He also mentioned the third condition, saying: "Or if he says, 'I have married you on the condition that tomorrow comes' or 'I will divorce her when tomorrow comes, or if he sets a specific duration, the entire marriage is invalid'. This latter type is called temporary marriage (nikah al-mut'ah), meaning a marriage intended solely for temporary pleasure. It is a time-limited marriage. Any time-limited marriage is a temporary marriage, and it is defective because the Prophet (peace and blessings be upon him) prohibited it. It was permissible at first, but its prohibition became established until the Day of Resurrection, as in the hadith of Subayr ibn Mawdhab al-Juhani, where the Prophet (peace and blessings be upon him) gave a sermon and said: Sunan Abi Dawud 2017Sahih (Al-Albani) This hadith indicates that it cannot be abrogated, meaning the prohibition cannot be abrogated. What is the evidence for this?
The questioner : ... .
The Shaykh : The fact that he said "until the Day of Resurrection" means that abrogation cannot apply to it, and this is the truth. Therefore, temporary marriage is forbidden, and the wife does not become lawful through it. Whoever has intercourse with her in this context has committed unlawful intercourse, akin to zina, because the essence of temporary marriage is hiring a woman for pleasure for a known period. This is temporary marriage, and this is the position of the people of the Sunnah and the community. The Rafidah held that temporary marriage is permissible, stating that it is permissible for a man to marry and stipulate a specific duration. In this case, does the mahr differ or not? If the duration is one week, the mahr is seventy riyals. If the duration is fourteen days, what is the mahr? One hundred and forty riyals. It is exactly a wage. In reality, it is hiring for zina, may Allah protect us from that. Furthermore, it contradicts the purpose of marriage. The purpose of marriage is permanence, affection, and continuity between the spouses. It is also a cause for the mixing of lineages. If a man marries her for a week and then the contract ends—we do not say he divorced her, because there is no divorce in temporary marriage; it is a fixed duration that begins and ends, and when the limit is reached, the marriage is automatically dissolved without choice. Another man comes and says, "I want to marry her." You tell him, "There is an 'iddah, wait." He says, "I am not waiting." This man may not have had intercourse with her, or he may not have. Perhaps he marries her and she is already pregnant from the first man without realizing it, and then the second man waters the crop of another. In any case, its harms are numerous and many, apart from the establishment of the Sunnah prohibiting it.
it will remain sacred till the Day of Resurrection
إن ذلك حرام إلى يوم القيامةThe questioner : ... .
The Shaykh : The fact that he said "until the Day of Resurrection" means that abrogation cannot apply to it, and this is the truth. Therefore, temporary marriage is forbidden, and the wife does not become lawful through it. Whoever has intercourse with her in this context has committed unlawful intercourse, akin to zina, because the essence of temporary marriage is hiring a woman for pleasure for a known period. This is temporary marriage, and this is the position of the people of the Sunnah and the community. The Rafidah held that temporary marriage is permissible, stating that it is permissible for a man to marry and stipulate a specific duration. In this case, does the mahr differ or not? If the duration is one week, the mahr is seventy riyals. If the duration is fourteen days, what is the mahr? One hundred and forty riyals. It is exactly a wage. In reality, it is hiring for zina, may Allah protect us from that. Furthermore, it contradicts the purpose of marriage. The purpose of marriage is permanence, affection, and continuity between the spouses. It is also a cause for the mixing of lineages. If a man marries her for a week and then the contract ends—we do not say he divorced her, because there is no divorce in temporary marriage; it is a fixed duration that begins and ends, and when the limit is reached, the marriage is automatically dissolved without choice. Another man comes and says, "I want to marry her." You tell him, "There is an 'iddah, wait." He says, "I am not waiting." This man may not have had intercourse with her, or he may not have. Perhaps he marries her and she is already pregnant from the first man without realizing it, and then the second man waters the crop of another. In any case, its harms are numerous and many, apart from the establishment of the Sunnah prohibiting it.